Administering an Estate with Zimbabwean Assets: the Master of the High Court, Letters of Administration, Resealing a UK Grant, Wills and Intestacy

When someone dies owning assets in Zimbabwe, the estate has to be administered under Zimbabwean law, whether they died in Zimbabwe or in the UK and wherever the family lives. UK assets are handled separately under UK law. The two processes run side by side, and a document from one country does not automatically work in the other. This guide covers both. Registering the death itself and repatriation are covered in their own guides. ## Start with the death certificate You need a death certificate before anything else. For a death in the UK, see the guide on a death in the UK. For a death in Zimbabwe, see the guide on registering a death in Zimbabwe. Order several certified copies, and ask the Zimbabwean institution or the UK solicitor whether the certificate has to be authenticated or legalised before it is accepted. ## Step 1: Report the estate to the Master of the High Court In Zimbabwe, deceased estates are supervised by the Master of the High Court under the Administration of Estates Act [Chapter 6:01]. The Master has offices in Harare and Bulawayo. The Act is cited as requiring the estate to be reported within 14 days of the death, and failure to do so without good reason is described as an offence. For a death abroad that is often impractical, so take Zimbabwean legal advice straight away rather than waiting. - Estates of registered marriages, or estates with a will, are reported to the Master. Estates of unregistered customary unions can be reported at the nearest Magistrates Court. - The person reporting is usually the surviving spouse or another relative, but anyone connected to the estate, including a creditor, can act. - You will complete a death notice form and list the deceased's assets in Zimbabwe, and supply the death certificate, any will, and identity documents for the executor or administrator. ## Step 2: The executor and Letters of Administration Nothing can be collected, sold or transferred until an executor has been formally appointed and has Letters of Administration from the Master. Assets do not pass straight to the heirs: they pass through the executor, and no heir may deal with estate assets on their own. - If there is a valid will, the executor it names is normally appointed (an executor testamentary). - If there is no will, an edict meeting of close relatives is held. Guides say at least four relatives attend. They agree on who should act, and if they cannot agree, the Master decides (an executor dative). - Guides report that an executor who lives outside Zimbabwe may not be given the Letters until they either accept a legal address in Zimbabwe or appoint a local representative under a power of attorney. In practice most UK-based families instruct a Zimbabwean legal practitioner. The executor then values the estate, advertises for creditors in the Government Gazette and a local newspaper, pays debts and any estate duty, and lodges an estate account with the Master (guides say within six months of receiving the Letters; the Master or an interested party can summon an executor who is late). Once the Master approves, the account is advertised so that heirs and creditors can inspect it and object, and then the executor distributes what is left. Do not occupy, sell or transfer property until the Master has approved the distribution account. Expect the process to take many months, and longer if land or disputes are involved. Ask your lawyer for a written estimate of the time and the fees. ## Step 3: Using a UK grant of probate in Zimbabwe A UK Grant of Probate or Letters of Administration does not by itself let you deal with Zimbabwean banks, property or pensions. Under Section 35 of the Administration of Estates Act, foreign letters can be recognised ("resealed") by the Master, so you do not have to start from scratch. - The foreign executor, or their authorised agent in Zimbabwe, produces the original UK grant to the Master and deposits a copy. - You supply the death certificate, a copy of any will and an inventory of the deceased's Zimbabwean assets. The Master may ask for a bond of security, and may require a notice to be published so that creditors and other interested people can come forward. - If no objection arises, the Master signs and seals the letters, and they then carry the same authority in Zimbabwe over the Zimbabwean assets. - If Zimbabwean letters have already been issued for the same estate, resealing may not be possible. Ask your lawyer before anyone in Zimbabwe registers the estate locally. ## Step 4: Banks, pensions and insurance Zimbabwean banks freeze an account when they are told of a death. The executor can ask for funds to be released by presenting the Letters of Administration (issued or resealed), a certified death certificate, their ID and a written request. Banks can take weeks to respond, so a local lawyer or trusted agent helps. Do not let anyone use the deceased's card or PIN to withdraw money. That is fraud. NSSA survivor benefits are claimed by the spouse or dependants at the nearest NSSA office with the death certificate, marriage certificate for a spouse, children's birth certificates, the deceased's membership number if known, and ID. Private pensions and life policies follow the fund's or insurer's own rules, and a nominated beneficiary may be paid outside the estate. Contact the employer's HR department or the fund administrator directly. ## Step 5: Property and the Deeds Registry Houses and stands are transferred through the Deeds Registry once the estate is administered. The executor or a registered conveyancer will need ZIMRA clearance for capital gains tax, a rates clearance from the local authority, and the transfer itself. Before you rely on inherited property, have a Zimbabwean conveyancer search the title at the Deeds Office, because inheriting a property does not cure a defect in its title. Land is not all alike. Freehold, leasehold and cession are different. Land allocated under resettlement, and communal land, is governed by other rules, and succession may depend on the land authority and on customary practice. Take specific advice. ## Wills, intestacy and who inherits - A valid Zimbabwean will makes the process much simpler. If you own property in Zimbabwe and live in the UK, make a separate Zimbabwean will in addition to your UK will. A UK will does not automatically govern Zimbabwean land and buildings. - With no will, Zimbabwean intestacy law decides who inherits. The surviving spouse and children are the main heirs, and both civil and customary spouses may have claims. Children born outside marriage and dependants may also have rights, and creditors must be paid first. - Guides cite a 1997 reform under which a surviving spouse is entitled to the matrimonial home and household effects before the rest of the estate is divided. Confirm the current position with a lawyer. A share due to a minor can be held by the Master in the Guardian's Fund until they come of age. - Zimbabwean law gives men and women equal inheritance rights, but in practice widows in unregistered customary unions can find it hard to prove their marriage, and property grabbing by relatives is a documented problem. If you think assets are at risk, instruct a Zimbabwean lawyer immediately and avoid negotiating alone with extended family. - Where the deceased lived mainly in the UK, domicile can be disputed. Keep evidence of where they treated as home. ## The UK side Probate is the UK process for the UK estate. If there is a will, the executor applies to the Probate Registry (HMCTS) for a Grant of Probate. If there is none, a close relative applies for Letters of Administration. An inheritance tax return goes to HMRC as part of this, even if no tax is due. UK inheritance tax can apply to the worldwide estate of someone treated as UK-domiciled, including Zimbabwean property. Thresholds and the domicile rules change, so check GOV.UK. Whether an arrangement between the UK and Zimbabwe relieves double taxation is something to ask a specialist, because published guidance disagrees. A solicitor experienced in international estates is worthwhile when the estate has assets in both countries, and joint accounts normally pass to the surviving holder. UK pensions are paid under the scheme's rules, often to a nominated beneficiary outside probate. If the deceased held a UK visa, tell the Home Office. For Tell Us Once and the other UK notifications, see the guide on a death in the UK. ZIMRA may assess estate duty or capital gains tax on Zimbabwean assets, and may ask for a tax clearance certificate before the estate is distributed. Ask a local practitioner what applies to the particular estate. ## Practical steps - Instruct a Zimbabwean legal practitioner early. Many take instructions by email and WhatsApp. - A power of attorney given by a living person ends when they die. After death, authority comes from the Letters of Administration. - Find every will, UK and Zimbabwean, and list every asset with account numbers and policy details. - Authenticate documents as the Master, the banks and the Deeds Office require. - Get fee and time estimates in writing and keep copies of all correspondence.